Mr A A Mohamed v The Best Connection Employment Group Limited — 2019

By a letter dated 19 November 2019, the tribunal gave the claimant an opportunity to make written representations or request a hearing on why the claim should not be struck out. The claimant did not make representations, or did not make sufficient representations, and did not request a hearing.

The tribunal recorded that the claimant had brought complaints of unfair dismissal and race discrimination. The unfair dismissal complaint was proposed for strike out because the claimant had been employed for less than two years. The tribunal relied on section 108 of the Employment Rights Act 1996 and concluded that, because the claimant had less than two years' service, he was not entitled to bring an unfair dismissal complaint.

The race discrimination complaint was proposed for strike out on two bases: that it had not been actively pursued, because the claimant failed to attend a preliminary hearing on 15 November 2019, and that it had no reasonable prospect of success because the claim form gave no information on which a tribunal could conclude that the claimant had been subjected to unlawful race discrimination by the respondent. The tribunal struck out the claim on that basis, so the whole claim was struck out by Employment Judge Slater on 18 December 2019 and sent to the parties on 23 December 2019.